PEOPLE v. CASEY

2015-00492, Ind. No. 1300/10.

149 A.D.3d 770 (2017)

2017 NY Slip Op 02672

52 N.Y.S.3d 377

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY Q. CASEY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 5, 2017.


Ordered that the judgment is affirmed.

The Supreme Court did not err in denying that branch of the defendant's omnibus motion which was to suppress physical evidence. On a motion to suppress, the People bear the burden of going forward to establish the legality of police conduct in the first instance (see People v Whitehurst, 25 N.Y.2d 389, 391 [1969]; People v Blinker, 80 A.D.3d 619

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